Ministry Statements & Speeches:
President,
As the first and only permanent international criminal court, New Zealand considers the Court to play a critical role in investigating allegations of serious international crimes and ending impunity for such crimes.
The significance of enabling the Court to hold political and military leaders accountable for initiating and engaging in an act of aggression cannot be understated.
At the same time, under the Rome Statute system, the International Criminal Court is a court of last resort, with national courts having primary responsibility for prosecuting international crimes within the ICC’s jurisdiction. Accountability must be pursued at a range of levels, including at the domestic level, and in a way that is responsive to the particular country context. Both the international community, and the Court, have a role to play in helping build national and regional capacities.
New Zealand is not able to ratify the crime of aggression amendments without first putting implementing legislation in place. New Zealand’s treaty processes require Parliamentary Treaty Examination and the enactment of any necessary implementing legislation before New Zealand can become bound by a multilateral treaty or amendment. This would involve amendments to domestic legislation.
The amendments involve complex policy decisions about how the crime would be implemented in New Zealand legislation, including the need to consider “complementarity” between the international and domestic level.
Given the need for further consideration of domestic implementation options, New Zealand’s decision of whether to ratify the Kampala Amendments remains under periodic review.
Thank you President.